NEW JERSEY RACING COMMISSION
Horse Racing Rules
Farms and Training Facilities and the Persons Situated Thereon
Proposed Amendments: N.J.A.C. 13:70-2.1, 4.15
Proposed New Rule: N.J.A.C. 13:70-4.15A
Authorized By: New Jersey Racing Commission, Francesco Zanzuccki,
Executive Director
Authority: N.J.S.A. 5:5-30
Calendar Reference: See Summary below for explanation of exception
to calendar requirement.
Proposal Number: PRN 2003 - _____
Submit written comments by October 17,2003 to:
Francesco Zanzuccki, Executive Director
New Jersey Racing Commission
P.O. Box 088, 140 East Front Street
Trenton, New Jersey 08625-0088
The agency proposal follows:
Summary
The New Jersey Racing Commission (“Racing Commission”)
is interested in obtaining public comment regarding the proposed
amendments to rules N.J.A.C. 13:70-2.1 (Definitions) and N.J.A.C.
13:70-4.15 (Requirements: Farms and Training Facilities and
the Persons Situated Thereon), which are being proposed simultaneously
and in connection with new rule N.J.A.C. 13:70-4.15A (Penalties
for Violation of N.J.A.C. 13:70-4.15). The proposed amendments
to N.J.A.C. 13:70-2.1 set forth and define terms which are
used in N.J.A.C. 13:70-4.15 and proposed new rule N.J.A.C.
13:70-4.15A as well as certain terminology utilized in other,
current rules of the Racing Commission, which have been misconstrued
or misunderstood.
Pursuant to the Racing Commission’s current rules, persons who have had
their license suspended or revoked and persons who are unlicensed or ineligible
for licensure are barred from licensed farms, training facilities and racing
associations. Such persons, who have been defined in the proposed amendments
to N.J.A.C. 13:70-2.1 as a “person not in good standing with the Commission,” are
also barred from unlicensed property if racehorses are located there.
“Racehorse” is being defined for the first time. Although one might
consider the term “racehorse” to be self-explanatory, definition
has become necessary in response to an increase in unauthorized activities of
unlicensed personnel, who work with or have access to racehorses on licensed
and unlicensed farms and training centers in violation of the Racing Commission’s
rules. Such “persons not in good standing with the Commission,” as
defined below, have consistently attempted to avoid penalties for their impermissible
activities by contending that the racehorses which they were caught working with
or having access to were “turned out,” i.e., not in training, and
arguing that these horses therefore cannot be considered racehorses.
The proposed definition of “racehorse,” the proposed amendments
to N.J.A.C. 13:70-4.15, and proposed new rule N.J.A.C. 13:70-4.15A, consistent
with the Commission’s current rules, set forth the mandate that any such
racehorse be stabled at all times on licensed property. Pursuant to the proposed
amendments to N.J.A.C. 13:70-2.1, “’Racehorse’ means any
thoroughbred horse that is or should be registered with The Jockey Club that
is or will be eligible to participate in a horseracing contest under the jurisdiction
of the New Jersey Racing Commission.” In contrast, a “Nonracing
horse” is defined to mean “foals, weanlings, yearlings, broodmares
which no longer participate in racing and stallions which no longer participate
in racing.”
The Racing Commission has jurisdiction over
all premises where racehorses are situated including unlicensed
farms and training facilities. The
proposed amendments
to N.J.A.C. 13:70-2.1 define “Farm” as “any property with
accommodations suitable for stabling horses.” As set forth in the proposed
amendments to N.J.A.C. 13:70-2.1, a “Training facility” is “any
property with a track suitable for training racehorses” and “’Farms
and training facilities that are required to be licensed’ means any farm
or training facility which has allowed a racehorse remain overnight on the
property.” A property owner or lessee of a farm or training facility
that is required to be licensed may not circumvent Racing Commission jurisdiction
by failing or refusing to license the property where racehorses are located.
The proposed amendments to N.J.A.C. 13:70-2.1
define “Individuals responsible
for the farm or training facility” as “the owner(s) and manager(s)
of the farm or training facility as well as any other person who is responsible
for the daily management of the farm or training facility for at least ninety
days within a calendar year.”
Horseracing is a highly regulated industry and
the Racing Commission's jurisdiction includes all property
where racehorses are located and
licensed activities
take place. The Commission’s authority extends to the regulation of persons
who have contact with or access to racehorses. These issues of the Racing Commission’s
jurisdiction and authority over both licensed and unlicensed persons were addressed
and answered unequivocally in Wendling v. New Jersey Racing Commission, 279
N.J. Super. 477 (App. Div. 1995). In Wendling, the Racing Commission fined
a licensed trainer who had employed an unlicensable person to perform general
farm maintenance on licensed property where racehorses were located. Evidence
showed that the unlicensable person had free access to the race horses stabled
at the farm. Id. at 480-81. The court upheld the Commission’s determination
that licensed trainers may not employ disqualified persons. Id. at 483.
In order to protect the integrity of the racing
industry, the Racing Commission must and does have regulatory
authority over all persons
who have access
to racehorses. “The proscription against a licensed trainer employing or
harboring disqualified personnel is designed to aid the Commission in preserving
public confidence in the racing industry by controlling which persons have
access to horses.” Id. at 483. In its regulation of this industry, New
Jersey has a compelling interest in ensuring that “persons who may be
in the position to interfere with the fair and proper conducting of the racing
industry are effectively policed and regulated.” State v. Dolce, 165
N.J. Super. 275 (App. Div. 1981). Therefore, persons not in good standing with
the Commission are barred from contact with or access to racehorses even when
the racehorse is on unlicensed property. Participation in the horseracing and
attendant gambling industry is a privilege and not a right, State v. Garden
State Racing Ass’n., 136 N.J.L. 173, 175-76 (E.& A. 1947), and the
State of New Jersey, through its Racing Commission, may strictly regulate what
it can prohibit entirely. Posadas de Puerto Rico Assoc. v. Tourism Co., 478
U.S. 328 (1986).
The proposed amendments to N.J.A.C. 13:70-4.15
restate and clarify these current prohibitions, enumerate specific
requirements for
the stabling
of racehorses
in New Jersey, set forth mandates for licensed farms and training
facilities, and establish conditions and criteria for administrative
entry and
inspection of licensed farms and training facilities by investigative
staff and
appointed agents of the Racing Commission.. The proposed amendments
to N.J.A.C. 13:70-4.15
also establish conditions and criteria for administrative entry
and inspection by investigative staff and appointed agents
of the Racing
Commission
of those farms and training facilities that are required to
be licensed but
have failed
to apply for licensure.
The proposed amendments to N.J.A.C. 13:70-4.15
expand upon the current rule which mandates that “[n]o horse may start in any race wherein pari-mutuel
wagering is conducted unless stabled on the grounds of a racing association
licensed by the Commission or at a farm or training facility licensed by the
Commission.” The proposed amendments make it clear that “[a]ll
farms and training facilities wherein racehorses are located must apply for
and receive a license from the Commission” and define “stabled” to
mean “the premises at which a racehorse maintains a regular and continuous
physical presence.” Thus, in order for a racehorse to be stabled at a
licensed premise in compliance with this rule, the racehorse must be physically
situated at the licensed premise on a continuous basis.
The proposed amendments to N.J.A.C. 13:70-4.15
explicitly prohibit “turning
a racehorse out” on unlicensed property. If a racehorse is “turned
out” or for any other reason relocated between race competitions from
a licensed farm or training facility to a second farm or training facility,
a violation of this rule would occur unless that second farm, training facility
or other premises is also licensed by the Commission in accordance with this
rule.
Similar to the current rule, these proposed
amendments explain that “[n]othing
in this rule shall prohibit any horse stabled outside the State of New Jersey
from being transported directly to any racing association in this State to
start in any race upon which pari-mutuel wagering is conducted” if two
conditions are met. First, the owner and trainer of the racehorse must ensure,
while the horse has been in their custody and control, that “no person
not in good standing with the Commission has acted in any capacity of caretaker,
groom, assistant trainer, trainer, driver or other attendant with respect to
the care or training of the racehorse prior to its transportation into the
State of New Jersey.” Second, all persons attending to the racehorse
in New Jersey must be licensed by the New Jersey Racing Commission.
The proposed amendments to N.J.A.C. 13:70-4.15
also correct an erroneous practice which has developed in this
State when
an
owner of a farm
or training facility
owns all of the racehorses present upon the property. In the
past, some such farms or training facilities would forego licensure
as
an off-track
stabling
facility as long as the property owner had obtained a license
for ownership of the racehorses. The proposed amendments to
N.J.A.C. 13:70-4.15 clarify
that the owner of every farm and training facility which does
or
will stable racehorses
must apply for and receive a license from the Racing Commission.
Pursuant to these proposed amendments, the Racing Commission
may waive the $50.00
annual
licensing fee if the farm or training facility is owned by
an individual licensed by the Commission who has paid the fee
required
in N.J.A.C.
13:70-4.1 for an
individual owner’s license; the only horses located at the farm or training
facility are owned entirely and exclusively by the owner of the farm or training
facility who is individually licensed; and the Commission posts notice of the
fee waiver in all offices where license applications may be submitted.
The proposed amendments to N.J.A.C. 13:70-4.15
place an obligation on all farms and training facilities, and
the individuals responsible
for
the
farm or training
facility, “to ensure that any person not in good standing with the Commission
is restricted from entering any property where racehorses are located.” Pursuant
to these proposed amendments, “[a] farm, training facility and the individuals
responsible for the farm or training facility shall notify the Commission immediately
if an unlicensed person acts in any capacity of caretaker, groom or other attendant
with respect to the care, custody or training of a racehorse located on the
farm or training facility.”
The proposed amendments to N.J.A.C. 13:70-4.15
restate the current regulatory requirements that all racehorses
on a licensed
farm
or training facility
must be under the care, custody and control of a licensed trainer
and all racehorse
owners must ensure that the trainer(s) of their racehorses
possesses, at all times, a valid New Jersey trainer’s license. Racehorse owners are responsible
for keeping themselves apprised of their trainer(s) licensure status and shall
remove their racehorses immediately from the trainer(s) if his license is suspended,
revoked or otherwise lapses. These proposed amendments, consistent with current
regulatory requirements, require the trainer “to ensure that only individuals
licensed by the Commission act in any capacity of caretaker, groom or other
attendant with respect to the care, custody or training of a racehorse . .
. and ensure that persons not in good standing with the Commission do not have
access to or contact with any racehorse under his or care, custody and control.” “Access
to” and “Contact with” are defined as set forth below in
the proposed amendments to N.J.A.C. 13:70-2.1.
Currently, brood mares, foals, weanlings, yearlings,
stallions and other horses which are not racehorses may be
kept at an
unlicensed farm or
training facility
where unlicensed persons may legitimately care for them. The
proposed amendments to N.J.A.C. 13:70-4.15 acknowledge these
circumstances
but emphasize that
when these nonracing horses are present at a licensed farm
or training facility, however, only individuals licensed by
the
Commission
may
be present on the
licensed property. Therefore, “only individuals licensed by the Racing
Commission may act in any capacity of caretaker, groom or other attendant with
respect to the care, custody or training of these nonracing horses.”
The proposed amendments to N.J.A.C. 13:70-4.15
also set forth current administrative requirements on farms
and training facilities
which,
up until now, have
not been addressed in the form of detailed rule requirements.
For example, these
proposed amendments make it clear that “[a]ll licensed farms and training
facilities shall permit investigative staff to enter the premises at any time
to inspect, ascertain whether the premises and all licensees are in full compliance
with the Commission's rules, and determine whether drugs, substances foreign
to the natural horse and instruments used for the administration of drugs or
foreign substances are present.” To facilitate entry and inspection of
licensed farms and training facilities, the Executive Director or the State
Steward may issue an administrative directive setting forth specific instructions
for investigative staff.
According to the proposed amendments to N.J.A.C.
13:70-4.15, the persons responsible for the farm or training
facility,
the owner
of the farm
or training facility,
a lessee of the farm or training facility and the licensees
present shall permit investigative staff unrestricted access
to all areas,
including
but not limited
to, in and around barns, areas where racehorses are or could
be located, appurtenances to areas where racehorses are or
could be
located,
areas where equipment or
tack is or could be located and all enclosures present therein.
See State v. Turcotte, 239 N.J. Super. 285 (App. Div. 1990)(upholding
the Racing
Commission’s
regulatory authority to order administrative searches). Pursuant to the proposed
amendments to N.J.A.C. 13:70-2.1, “Appurtenances” means “all
areas attached, adjacent or near to all barns and stables, all property where
racehorses are or can be located and all areas used in connection with the
care, training or racing of horses, including, but not limited to offices and
areas which are not used exclusively as a residence.” “Enclosures” include “all
cabinets, cases, cupboards, chests, closets, trunks, containers, desks, drawers
and other areas and objects where items may be placed as well as the interior
and trunk of vehicles located on the premises.”
The proposed amendments to N.J.A.C. 13:70-4.15
require investigative staff to carry identification and produce
it upon demand. Investigative
staff
shall identify all persons who have access to the horses located
on the premises.
All licensees shall fully cooperate in the identification of
the horses present and persons not licensed. Investigative
staff may
videotape
or photograph
any part or all of an inspection. In addition, in the event
that investigative staff seizes any object present in violation
of
the Commission's rules,
staff shall give a receipt for the property seized to the person
from whom it was
taken or in whose possession it was found or, in the absence
of such person, leave a receipt for the property seized in
or upon
the location
from which
the property was taken.
The proposed amendments to N.J.A.C. 13:70-4.15,
like current regulatory requirements, mandate that all licensees
shall fully
cooperate
with the requests and instructions
of the investigative staff. Upon request, all licensees shall
open locked areas including, but not limited to locked doors,
locked
enclosures, locked automobiles
and locked automobile trunks. Investigative staff shall inform
any licensee
who fails to cooperate that he or she has an affirmative duty
to cooperate pursuant to N.J.A.C. 13:70-14.13 and that sanctions
such
as suspension,
fines or license revocation may be imposed for failure to cooperate.
Further, pursuant to the proposed amendments
to N.J.A.C. 13:70-4.15, investigative staff shall have the
authority to inspect any
enclosure which is alleged
to be the personal property of a person not licensed by the
Commission if investigative
staff has reason to believe that drugs, substances foreign
to the natural horse and instruments used for their administration
are
located in
the enclosure. If the person not licensed by the Commission
objects
or does
not consent
to
the inspection, investigative staff may seek the assistance
of the licensees present as well as State, county or local
police
in detaining
the enclosure
until investigative staff obtains an administrative warrant
from the Executive Director or State Steward.
The proposed amendments to N.J.A.C. 13:70-4.15
also restate current regulatory requirements applicable to
those farms and
training
facilities that are
required to be licensed but have failed to apply for licensure.
According to these
proposed amendments, any farm or training facility that is
required to be licensed shall
permit investigative staff to enter the premises to inspect,
determine whether racehorses are located there, ascertain whether
the premises
and persons
present are otherwise in full compliance with the Commission's
rules and investigate
information indicating that drugs, substances foreign to the
natural horse or instruments used for their administration
are present.
See State v.
Turcotte, supra, 239 N.J. Super. at 296 (upholding the Racing
Commission’s regulatory
authority to order administrative searches of unlicensed property). To facilitate
entry to farms and training facilities that are required to be licensed but
have failed to apply for licensure, the Executive Director or the State Steward
shall issue an administrative warrant setting forth instructions for and restrictions
on entry and inspection. The administrative warrant may require investigative
staff to seek the assistance of State, county or local police in carrying out
the terms of the warrant.
An administrative warrant shall include the
following restrictions on entry and inspection of unlicensed
farms or training facilities.
The
administrative
warrant shall require the investigative staff to execute the
warrant during daylight hours, present identification upon
entrance to
the property, and
allow inspection of the administrative warrant to all persons
who ask. The administrative
warrant shall clearly direct the investigative staff to ascertain
whether there are racehorses located upon the property and
identify all persons
who have
access to them. If staff ascertains that there are no racehorses
present, staff shall immediately leave the property if asked
to do so by the
owner or lessee
of the property. No further inspection of the property may
take place unless the owner or lessee of the property consents
in
writing.
In the event that investigative staff seizes
any object present in violation of the Commission's rules,
staff shall give a
receipt for
the property
seized to the person from whom it was taken or in whose possession
it was found
or in the absence of such person, leave a receipt for the property
seized in or
upon the location from which the property was taken. Finally,
the administrative warrant shall clearly state that the Commission’s investigative staff
shall not have the authority to inspect any building used exclusively as a
residence unless the owner or lessee consents in writing.
According to the terms of the proposed amendments
to N.J.A.C. 13:70-4.15, upon identifying the presence of racehorses
at
a farm or training
facility which
is not licensed, the investigative staff shall have unrestricted
access to all areas including, but not limited to, in and around
barns, areas
where
racehorses are or could be located, appurtenances to areas
where racehorses are or could
be located and all enclosures present therein. All persons
present upon an unlicensed farm where racehorses are located
shall fully
cooperate with the
requests and instructions of the investigative staff. Upon
request, persons
present shall open locked areas including, but not limited
to locked doors, locked enclosures, locked automobiles and
locked
automobile
trunks. Failure
to cooperate may result in the imposition of administrative
sanctions. Investigative staff shall have the authority to
inspect any enclosure
which has been alleged
to be the personal property of a person not licensed by the
Commission if the administrative warrant issued by the Executive
Director
or State Steward
specifically
authorizes investigative staff to inspect all enclosures including
those claimed to be personal property. If the person not licensed
by the Commission
objects
or does not consent to the inspection, investigative staff
shall seek the assistance of State, county or local police
in detaining
the enclosure
until a civil search
warrant may be obtained from the Superior Court of New Jersey
for the County
of Mercer on an emergent basis.
Proposed new rule N.J.A.C. 13:70-4.15A recognizes
the Commission’s jurisdiction
over all property where racehorses are located and specifically establishes
penalties for violation of the mandates set forth in N.J.A.C. 13:70-4.15A.
The proposed new rule imposes a $1,000 fine on any farm or training facility
that is required to be licensed and on the individuals responsible for the
farm or training facility for the first violation of N.J.A.C. 13:70-4.15(a)
or (c), as amended, if the farm or training facility is otherwise in compliance
with all other rules of the Commission. The proposed amendments to N.J.A.C.
13:70-4.15(a) or (c) requires all farms and training facilities wherein racehorses
are located to apply for and receive a license from the Commission. Upon receipt
of notice that the continued operation of the farm or training facility violates
the Commission's rules, the proposed new rule N.J.A.C. 13:70-4.15A requires
the individuals responsible for the farm or training facility to bring the
farm or training facility into compliance with the Commission’s rules
within 48 hours and mandates that all activities requiring licensure must cease
immediately until full compliance has been achieved. Pursuant to the terms
of the proposed new rule, the farm or training facility and the individuals
responsible for the farm or training facility shall each be liable for an additional
penalty of a $2,500 fine for each subsequent day of noncompliance.
Proposed new rule N.J.A.C. 13:70-4.15A imposes
a $5,000 fine on any farm or training facility that is required
to be licensed
and
on
the individuals
responsible
for the farm or training facility for the first violation of
N.J.A.C. 13:70-4.15(a), (c) or (h), as amended, if the farm
or training
facility fails to obtain
a license and has allowed a person not in good standing with
the Commission to
have access to or contact with any racehorse located on the
farm or training facility. Upon receipt of notice that the
continued
operation of the
farm or training facility violates the Commission's rules,
the new rule requires
the
individuals responsible for the farm or training facility to
bring the farm or training facility into compliance with the
Commission’s rules within
48 hours, to cease all activities requiring licensure immediately, and to prohibit
persons not in good standing with the Commission from access to or contact
with racehorses. The farm or training facility and the individuals responsible
for the farm or training facility shall each be liable for an additional penalty
of a $5,000 fine for each subsequent day of noncompliance. The proposed new
rule mandates that the person not in good standing with the Commission shall
be liable for a $5,000 fine for each day present as well as suspension, permanent
license ineligibility and license revocation. The proposed new rule also establishes
that for repeat offenders, the Commission may rule the person not in good standing
with the Commission off all grounds subject to the Commission's jurisdiction
for life.
The proposed new rule N.J.A.C. 13:70-4.15A imposes
a $2,500 fine for the first violation of N.J.A.C. 13:70-4.15(h),
as
amended,
on a licensed
farm
or training
facility and on the individuals responsible for the farm or
training facility if the farm or training facility has allowed
a person
not in good standing
with the Commission to have access to or contact with any racehorse
located on the farm or training facility. A licensed farm or
training facility
and the individuals responsible for the farm or training facility
who commit a second violation of this rule shall each be liable
for a $5,000
fine
for
each
subsequent day of noncompliance. Furthermore, pursuant to the
terms of the proposed new rule, “the person not in good standing with the Commission
shall be liable for a $5,000 fine for each day present at a farm or training
facility as well as suspension, permanent license ineligibility and license
revocation.” The proposed new rule also reemphasizes the current Racing
Commission requirement that during any suspension, license ineligibility or
license revocation, the Commission shall rule the person not in good standing
with the Commission off all grounds subject to the Commission's jurisdiction
for the duration of the penalty and, for repeat offenders, the Commission may
rule the person not in good standing with the Commission off all grounds subject
to the Commission's jurisdiction for life.
Proposed new rule N.J.A.C. 13:70-4.15A specifies
penalties for racehorse owners and trainers who employ persons
not in
good
standing with
the Commission. Under
current rules, owners are responsible for ensuring that the
trainer hired to care for their horses is, at all times, properly
licensed.
Similarly,
trainers
are responsible for ascertaining the licensure status of a
person hired to care for racehorses. The proposed new rule
mandates
that an owner
or trainer
shall be liable for a $2,500 fine for the first violation of
N.J.A.C. 13:70-4.15(f) if either hires a person not in good
standing with
the Commission. An owner
or trainer who commits a second violation of this rule shall
be liable for a $5,000 fine. An owner or trainer who commits
a third
violation
of this
rule shall be liable for a minimum fine of $5,000 or a minimum
suspension of 1 year.
The person not in good standing with the Commission hired to
care for racehorses shall be liable for a $5,000 fine for each
day present
at
a farm or training
facility as well as suspension, permanent license ineligibility
and license revocation. The Commission shall rule the person
not in good
standing
with the Commission off all grounds subject to the Commission's
jurisdiction for the duration of the penalty and, for repeat
offenders, the Commission
may
rule the owner, trainer or person not in good standing with
the Commission off all
grounds subject to the Commission's jurisdiction for life.
The proposed new rule also specifies penalties
for trainers who allow persons not in good standing with the
Commission
to have
access to
or contact with
racehorses. For a first violation of N.J.A.C. 13:70-4.15(f)
if the trainer has allowed a person not in good standing with
the
Commission
to have
access to or contact with any racehorse under his or care,
custody and control,
a trainer shall be liable for a $1,000 fine. A trainer who
commits a second violation
of this rule shall be liable for a $2,500 fine for each subsequent
day of noncompliance and a trainer who commits a third violation
of this
rule shall
be liable for
a minimum fine of $5,000 or a minimum suspension of 1 year.
The person not in good standing with the Commission is liable
for
a $5,000 fine
for each
day present at a farm or training facility as well as suspension,
permanent license
ineligibility and license revocation. The Commission shall
rule the person not in good standing with the Commission off
all grounds
subject
to the
Commission's jurisdiction for the duration of the penalty and,
for repeat offenders, the
Commission may rule the person not in good standing with the
Commission off all grounds subject to the Commission's jurisdiction
for life.
The current rules of the Racing Commission require
racehorses to be stabled on licensed property. The proposed
new rule establishes
mandatory
penalties
for violations of this rule. The new rule mandates that “[a]ny trainer
who enters a racehorse which is not stabled in compliance with N.J.A.C. 13:70-4.15(a)
to race in New Jersey and any person who acts in concert with that trainer
in contravention of the Commission’s rules shall be liable for a $5,000
fine and 30-day suspension for each horse entered.” According to the
proposed new rule, all racehorses in the trainer's care, custody and control
shall be subject to an immediate declaration of ineligibility to participate
in racing until stabled at a properly licensed farm or training facility within
New Jersey. Moreover, pursuant to the terms of the proposed new rule, any person
acting in concert with the trainer, who is not in good standing with the Commission,
shall be liable for a $5,000 fine and 30-day period of license ineligibility.
Under the Racing Commission’s current rules, any licensee who fails to
cooperate in an investigation by the Commission is subject to disciplinary
action. The proposed new rule N.J.A.C. 13:70-4.15A establishes that any licensed
farm or training facility, any individual responsible for the farm or training
facility and any licensee present who fail to cooperate with the Commission
in the entrance and inspection of the farm or training facility as authorized
pursuant to N.J.A.C. 13:70-4.15(d) shall each be liable for a $1,000 fine.
Finally, proposed new rule N.J.A.C. 13:70-4.15A
contains important provisions applicable to multiple offenders.
First, the new
rule sets forth the
current mandate that when a license suspension, period of license
ineligibility or license revocation is imposed pursuant to
this rule for any violation
of
N.J.A.C. 13:70-4.15, the subjected person shall be ruled off
any premises subject to
the jurisdiction of the Racing Commission during the period
of license suspension, ineligibility or revocation. Second,
the
proposed new
rule provides that
all violations of N.J.A.C. 13:70-4.15, not specifically set
forth in the
above
paragraphs in Chapter 70 of Title 13 including, but not limited
to 13:70-23.6, shall be subject to the penalties set forth
in N.J.A.C. 13:70-1.15, N.J.A.C.
13:70-4.9, N.J.A.C. 13:70-16.7, N.J.A.C. 13:70-23.6, and N.J.A.C.
70-31.3. Third, according to the proposed new rule, “[a]ll penalties imposed for
violation of N.J.A.C. 13:70-4.15, where multiple infractions of such rule arise
as a result of the conduct of the offender, shall run consecutively and not
concurrently unless otherwise ordered by the Commission.” Fourth, the
penalties set forth in N.J.A.C. 13:70-4.15A, or any penalties imposed for a
violation of Chapter 70 of Title 13 including, but not limited to, N.J.A.C.
13:70-1.15, N.J.A.C. 13:70-4.9, N.J.A.C. 13:70-16.7, N.J.A.C. 13:70-23.6, and
N.J.A.C. 70-31.3, may be substantially increased for repeat or subsequent offenders.
Finally, the rule makes it clear that “[i]n the case of repeat offenders,
the Commission may impose permanent license ineligibility or license revocation
and rule such offenders off all grounds subject to the Commission's jurisdiction
for life. In any and all cases, the Commission may impose such conditions as
it shall deem appropriate to insure the future compliance of any offender with
N.J.A.C. 13:70-4.15.”
As the Racing Commission has provided a 60-day
comment period on this notice of proposal, this notice is excepted
from the
rulemaking
calendar
requirement
pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The proposed rule amendments and new rule will
help insure the integrity of horseracing by adding stricter
regulatory
enforcement
requirements
and mandatory
penalties for rule violations. The proposed amendments and
new rule are intended to ensure that persons who are suspended,
who
have had
their
licenses revoked
and who are ineligible for licensure do not have access to
racehorses. In doing so, the proposed amendments to N.J.A.C.
13:70-4.15 place
a responsibility on
trainers and individuals responsible for farms and training
facilities to
prevent persons not in good standing with the Commission from
access to or caring for
racehorses. Trainers and individuals responsible for farms
and training facilities also have the duty to report the presence
of a person
not in good standing
with the Commission who is on a licensed farm or training facility
or on a farm or training facility that is required to be licensed.
Proposed
new
rule
N.J.A.C. 13:70-4.15A imposes penalties should these licensees
fail to do so. Accordingly, because the proposed amendments
and
new
rule will
help
eliminate unauthorized access to racehorses, the social impact
will be positive.Economic
Impact
The proposed amendments to N.J.A.C. 13:70-4.15
and new rule N.J.A.C. 13:70-4.15A will likely not have any
economic impact
on owners
of farms or training
facilities who comply with the Racing Commission’s rules. Although the proposed
rules clarify that owners of a farm or training facility which has only racehorses
owned by the owners of the farm or training facility present must apply for
and obtain licensure of the farm or training facility, the proposed amendments
to N.J.A.C. 13:70-4.15 also provide that the Racing Commission may waive the
$50 licensure fee when the owners are already licensed by the Commission. Additionally,
there may be costs associated with the policing the grounds of a farm or training
facility to ensure that persons not in good standing with the Commission are
not present. However, it is anticipated that any such costs would be minimal.
New rule N.J.A.C. 13:70-4.15A will have an economic
impact upon owners, trainers and individuals responsible for
farms
and training
facilities
who violate
the Commission’s rules. However, monetary fines will aid the integrity of
the horseracing industry by deterring rule violations
Federal Standards Statement
A federal standard’s analysis is not required because the rules of racing
are dictated by state statute, N.J.S.A. 5:5-22 et seq., and the proposed amendments
and new rule are not subject to any federal requirements or standards.
Jobs Impact
The proposed rule amendments and new rule will
likely have no impact on the work force in the state and no
jobs will be
gained
or lost.
Agriculture Industry Impact
The proposed rule amendments and new rule will
have no impact on the agriculture industry in the state. Racehorses
are not
considered
livestock
for the
purpose of determining any impact upon the agricultural industry.
Regulatory Flexibility Statement
Thoroughbred farms and training facilities fall
within the definition of small businesses as defined in the
Regulatory
Flexibility
Act, N.J.S.A. 52:14B-16 et seq. The proposed amendments to
N.J.A.C. 13:70-4.15 and
new
rule N.J.A.C.
13:70-4.15A impose no reporting, record keeping or compliance
requirements
on these small businesses. Compliance with the proposed new
rule and amendments will likely not require these small businesses
to need or
obtain professional
services, not require initial capital costs and not result
in
an annual cost for complying. In fact, it is anticipated that
the
costs associated
with
the
policing the grounds of a farm or training facility to ensure
that persons not in good standing with the Commission are not
present
will be minimal.
It bears repeating, once again, that owners, trainers and individuals
responsible for farms and training facilities are currently
obligated to ensure that
persons
not in good standing form do not have access to racehorses.
See Summary, supra pages 4 to 6.
New rule N.J.A.C. 13:70-4.15A will have an economic
impact upon owners, trainers and individuals responsible for
farms
and training
facilities
who violate
the Commission’s rules. However, the resultant monetary fines will aid the
integrity of the horseracing industry by deterring rule violations.
Smart Growth Impact
The proposed amendments and new rule are not
anticipated to have an impact on the achievement of smart growth
and
implementation
of the
state development
and redevelopment plan as defined under Executive Order
No. 4
(2002).
Full text of the proposed amendments to the rules follows
(additions to text indicated by underline thus; deletions indicated
in brackets [thus]):
13:70-2.1 Definitions
“Access to” means present upon the property of a licensed farm or
training facility or upon the property of a farm or training facility that is
required to be licensed when racehorses are stabled there.
* * *
“Appointed agent” means any person who has received written authorization
from the Commission, Executive Director or State Steward to participate in the
inspection of a licensed farm or training facility or a farm or training facility
that is required to be licensed.
* * *
“Appurtenances” means all areas attached, adjacent or near to all
barns and stables, all property where racehorses are or can be located and all
areas used in connection with the care, training or racing of horses, including,
but not limited to offices and areas which are not used exclusively as a residence.
* * *
“Contact with” means within an arm's reach of a racehorse.
* * *
“Enclosures” means all cabinets, cases, cupboards, chests, closets,
trunks, containers, desks, drawers and other areas and objects where items may
be placed as well as the interior and trunk of vehicles located on the premises.
* * *
“Farm” means any property with accommodations suitable for stabling
horses.
“Farms and training facilities that are required to
be licensed” means any farm or training facility which
has allowed a racehorse remain overnight on the property.
* * *
“Individuals responsible for the farm or training facility” means
the owner(s) and manager(s) of the farm or training facility as well as any other
person who is responsible for the daily management of the farm or training facility
for at least ninety days within a calendar year.
“Investigative staff” means employees or appointed
agents of the Commission who has been directed to inspect a
farm or training facility by the Executive Director or State
Steward.
* * *
“License revocation” means that the person who has received this
penalty is permanently barred from receiving any license from the New Jersey
Racing Commission. The effect of “license revocation” is the same
as “permanent license ineligibility.” “License revocation” is
imposed when the person barred possesses a valid New Jersey Racing Commission
license at the time “license revocation” is imposed. Any person who
is penalized with “license revocation” shall be ruled off all grounds
subject to the Commission’s jurisdiction for life.
* * *
“Nonracing horse” means foals, weanlings, yearlings, broodmares which
no longer participate in racing and stallions which no longer participate in
racing.
* * *
“Permanent license ineligibility” means that the person who has received
this penalty is permanently barred from submitting an application to the New
Jersey Racing Commission for any license category. The effect of “permanent
license ineligibility” is the same as “license revocation.” “Permanent
license ineligibility” is imposed when the person barred does not possess
a valid New Jersey Racing Commission license at the time “permanent license
ineligibility” is imposed. Any person who is penalized with “permanent
license ineligibility” shall be ruled off all grounds subject to the Commission’s
jurisdiction for life.
“Person not in good standing with the Commission” means
any person who is serving a suspension issued by the Commission,
has sought licensure from the Commission but has not been recommended,
has been denied licensure by the Commission or is not eligible
for licensure by the Commission.
* * *
“Racehorse” means any thoroughbred horse that is or should be registered
with The Jockey Club that is or will be eligible to participate in a horseracing
contest under the jurisdiction of the New Jersey Racing Commission.
* * *
“Training facility” means any property with a track suitable for
training racehorses.
13:70-4.15 Requirements: Farms [or licensed tracks] and Training
Facilities and the Persons Situated Thereon
(a) No horse may be entered to start or shall
start in any race upon which [wherein] pari-mutuel wagering
is conducted unless it is stabled, as defined
below, on the grounds of a racing association [licensed by the Commission]
or at a farm or training facility licensed by the Commission. All farms and
training facilities wherein racehorses are located must apply for and receive
a license from the Commission. Nothing in this rule shall prohibit any horse
stabled outside the State of New Jersey from [vanning] being transported
directly to any racing association in this State to start in
any race upon which pari-mutuel
wagering is conducted provided that
1. the owner and trainer of the racehorse have
ensured, while the horse has been in their custody and control,
that no person not in good standing with
the Commission has acted in any capacity of caretaker, groom, assistant
trainer, trainer, driver or other attendant with respect to
the care or training of
the racehorse prior to its transportation into the State of New Jersey;
and
2. all persons attending to the horse in New
Jersey are licensed by the Commission.
(b) recodified as (i) with no change in text.
(b) “Stabled” means the premises at which a racehorse maintains
a regular and continuous physical presence. In order for a racehorse to be
stabled at a New Jersey licensed premise in compliance with this rule, the
racehorse may not be physically situated at the licensed premise on an intermittent
basis. For example, where a racehorse is “turned out” or for any
other reason relocated between race competitions from a licensed farm or training
facility to a second farm or training facility, a violation of this rule would
occur unless that second farm, training facility or other premises is also
licensed by the Commission in accordance with this rule.
[(c) Any farm or training center making application
for licensure as an off-track stabling facility shall pay a
$50.00 annual license fee
and be
liable to
inspection by the employees of the Commission, and shall be required
to provide unrestricted
access to all stabling facilities to the employees and agent of the
Commission upon demand.]
(c) All farms and training facilities shall
apply for licensure and pay a $50.00 annual licensing fee.
The Commission may waive the annual
licensing
fee under
the following circumstances:
1. the farm or training facility is owned by
an individual licensed by the Commission who has paid the fee
required in N.J.A.C. 13:70-4.1
for
an individual
license;
2. the only horses located at the farm or training
facility are owned entirely and exclusively by the owner of
the farm or training
facility
who is individually
licensed; and
3. the Commission posts notice of the fee waiver
in all offices where license applications may be submitted.
[(d) Any horse in training or entered to start
stabled on such a farm or training center must be under the
care and custody
of a licensed
trainer. It shall be
the responsibility for the trainer to insure that only individuals
licensed by the Commission are employed in any capacity of
caretaker, groom or
other
attendant with respect to the care, custody and training of
such a
horse. Nothing in this section shall be deemed to apply to
brood mares, foals,
weanlings, yearlings, stallions or other horses not in training.]
(d) All licensed farms and training facilities
shall permit investigative staff to enter the premises at any
time to inspect,
ascertain
whether the premises
and all licensees are in full compliance with the Commission's
rules, and determine whether drugs, substances foreign to the
natural horse
and instruments
used
for the administration of drugs or foreign substances are present.
To facilitate entry and inspection of licensed farms and training
facilities, the Executive
Director or the State Steward may issue an administrative directive
setting
forth instructions for investigative staff.
1. The persons responsible for the farm or training
facility, the owner of the farm or training facility, a lessee
of the
farm or
training facility and the licensees present shall permit investigative
staff
unrestricted
access
to all areas, including but not limited to, in and around barns,
areas
where racehorses are or can be located, appurtenances to areas
where racehorses are
or can be located, areas where equipment or tack is or can
be located and all enclosures present therein.
2. Investigative staff shall carry identification
and produce it upon demand.
3. All licensees shall fully cooperate with
the requests and instructions of the investigative staff. Upon
request, all
licensees shall open
locked areas
including, but not limited to locked doors, locked enclosures,
locked automobiles and locked automobile trunks. Investigative
staff shall
inform any licensee
who fails to cooperate that he or she has an affirmative duty
to cooperate pursuant to N.J.A.C. 13:70-14.13 and that sanctions
such
as suspension,
fines or license revocation may be imposed for failure to cooperate.
4. Investigative staff shall identify all persons
who have access to the horses located on the premises. All
licensees
shall fully
cooperate
in
the identification
of persons not licensed.
5. Investigative staff shall have the authority
to inspect any enclosure which is alleged to be the personal
property
of a person
not licensed
by the Commission
if:
i. investigative staff has reason to believe
that drugs, substances foreign to the natural horse and instruments
used for their
administration are
located in the enclosure; or
ii. the Executive Director or State Steward
has issued an administrative directive specifically authorizing
investigative staff to inspect
all enclosures, including
those claimed to be personal property.
iii. If the person not licensed by the Commission
objects or does not consent to the inspection, investigative
staff may
seek the
assistance of the licensees
present as well as State, county or local police in detaining
the enclosure
until investigative staff obtains an administrative warrant
from the Executive Director or State Steward.
6. Investigative staff may videotape or photograph
any part or all of an inspection.
7. In the event that investigative staff seizes
any object present in violation of the Commission's rules,
staff shall
give a receipt
for the
property
seized to the person from whom it was taken or in whose possession
it was found
or in the absence of such person, leave a receipt for the property
seized in or
upon the location from which the property was taken.
(e) recodified as (j) with no change in text.
(e) All farms and training facilities that are
required to be licensed but have failed to apply for licensure
shall permit
investigative
staff to enter
the premises to inspect, determine whether racehorses are located
there, ascertain whether the premises and persons present are
otherwise in
full compliance with
the Commission's rules and investigate information indicating
that drugs, substances foreign to the natural horse or instruments
used
for their
administration are
present. To facilitate entry to farms and training facilities
that are required to be licensed but have failed to apply for
licensure,
the Executive
Director
or the State Steward shall issue an administrative warrant
setting
forth instructions for and restrictions on entry and inspection.
The administrative
warrant may
require investigative staff to seek the assistance of State,
county or local police in carrying out the terms of the administrative
warrant.
1. An administrative warrant shall include the
following restrictions on entry and inspection.
i. Investigative staff shall execute the administrative
warrant during daylight hours;
ii. Investigative staff shall present identification
upon entrance to the property and allow inspection of the administrative
warrant to all
persons
who ask;
iii. Investigative staff shall ascertain whether
there are racehorses located upon the property and identify
all persons
who have access
to them. If
the staff ascertains that there are no racehorses present,
staff shall immediately
leave the property if asked to do so by the owner or lessee
of the property. No further inspection of the property shall
take
place
unless the owner
or lessee of the property consents in writing;
iv. In the event that investigative staff seizes
any object present in violation of the Commission's rules,
staff shall
give a receipt
for the
property seized
to the person from whom it was taken or in whose possession
it was found or in the absence of such person, leave a receipt
for
the property
seized
in or
upon the location from which the property was taken; and
v. Investigative staff shall not have the authority
to inspect any building used exclusively as a residence unless
the owner
or lessee
consents in
writing.
2. Upon identifying the presence of racehorses,
the investigative staff shall have unrestricted access to all
areas including,
but not limited
to, in and
around barns, areas where racehorses are or can be located,
appurtenances to areas where racehorses are or can be located
and all enclosures
present therein.
3. All persons present upon an unlicensed farm
where racehorses are located shall fully cooperate with the
requests and instructions
of the investigative
staff. Upon request, persons present shall open locked areas
including, but not limited to locked doors, locked enclosures,
locked automobiles
and locked
automobile trunks. Failure to cooperate may result in the imposition
of administrative sanctions.
4. Investigative staff shall have the authority
to inspect any enclosure which has been alleged to be the personal
property
of a person not
licensed by the
Commission if the administrative warrant issued by the Executive
Director or State Steward specifically authorizes investigative
staff to inspect
all enclosures
including those claimed to be personal property. If the person
not licensed by the Commission objects or does not consent
to
the inspection,
investigative
staff shall seek the assistance of State, county or local police
in detaining the enclosure until a civil search warrant may
be obtained from the Superior
Court of New Jersey for the County of Mercer on an emergent
basis.
5. Investigative staff may videotape or photograph
any part or all of an inspection.
(f) recodified as (k) as amended.
(f) All racehorses on a licensed farm or training
facility must be under the care, custody and control of a licensed
trainer.
It shall
be the
responsibility of all racehorse owners to ensure that the trainer(s)
of their racehorses
possesses,
at all times, a valid New Jersey trainer’s license. Racehorse owners
shall keep apprised of their trainer(s) licensure status and shall remove their
racehorses immediately from the trainer(s) if his license is suspended, revoked
or otherwise lapses. It shall be the responsibility of the trainer to ensure
that only individuals licensed by the Commission act in any capacity of caretaker,
groom or other attendant with respect to the care, custody or training of a
racehorse. It shall also be the responsibility of the trainer to ensure that
persons not in good standing with the Commission do not have access to or contact
with any racehorse under his or care, custody or control.
(g) Notwithstanding (f) above, nonracing horses
may be kept at an unlicensed farm or training facility. When
nonracing
horses
are present
at a licensed
farm or training facility, however, only individuals licensed
by the Commission may act in any capacity of caretaker, groom
or other
attendant
with respect
to the care, custody or training of these nonracing horses.
It shall be the responsibility of the person or persons responsible
for the
care, custody
and control of the nonracing horse to ensure that persons
not in good standing with the Commission do not have access
to
or
contact
with
any horse under
his
or care, custody and control.
(h) It shall also be the responsibility of all
farms and training facilities and the individuals responsible
for the
farm or
training facility to
ensure that any person not in good standing with the Commission
is restricted from entering any property where racehorses
are located. A farm, training
facility
and the individuals responsible for the farm or training
facility shall notify the Commission immediately if an
unlicensed person
acts
in any
capacity
of
caretaker, groom or other attendant with respect to the
care, custody or training of a racehorse located on the farm
or
training facility.
(i) A license shall not be issued to any farm
or training center not in compliance with the following requirements:
1. All box stalls shall be properly ventilated
and measure approximately 10 feet by 10 feet or larger;
2. Arrangements for the disposal of manure and
other refuse shall be made in compliance with appropriate
State and
municipal health
codes
and/or
ordinances;
3. Adequate spraying and/or fogging equipment
must be available; and
4. Any farm or training center that is placed
under quarantine by the New Jersey Department of Agriculture
shall have
their license immediately
suspended.
Any
facility whose license is so suspended, shall be
afforded
the right of appeal as provided for in N.J.A.C. 13:70-13A.
(j) It shall be the responsibility of the farm
manager or training center manager to complete and file all
reports required of
him by the Commission.
It shall
similarly be the responsibility of the trainer
to
complete and file all reports required of him by
the Commission,
including,
but not
limited to, the Equine
Fatality Report (see: N.J.A.C. 13:70-14.16).
(k) Failure to comply with the requirements
in this section shall subject the offending party
to the
penalties provided
for in
N.J.A.C. 13:70-4.15A,
N.J.A.C.
13:70-1.15, N.J.A.C. 13:70-14.13, N.J.A.C. 13:70-16
et seq., N.J.A.C. 13:70-23 et seq. and N.J.A.C.
13:70-31.3 and N.J.A.C.
13:70-23.
Further, violation
of this section may subject the offending party
to suspension,
revocation or denial
of the farm license and/or declaration of ineligibility
for stables or horses involved.
Full text of the proposed new rule follows:
13:70-4.15A Penalties for Violation of N.J.A.C.
13:70-4.15
(a) A farm or training facility that is required
to be licensed and the individuals responsible for the farm
or training facility
shall each be liable for a $1,000 fine for the first violation
of N.J.A.C. 13:70-4.15(a) or (c) if the farm or training facility
is otherwise in compliance with all other rules of the Commission.
Upon receipt of notice that the continued operation of the
farm or training facility violates the Commission's rules,
the individuals responsible for the farm or training facility
shall bring the farm or training facility into compliance with
the Commission’s rules within 48 hours and all activities
requiring licensure must cease immediately until full compliance
has been achieved. The farm or training facility and the individuals
responsible for the farm or training facility shall each be
liable for an additional penalty of a $2,500 fine for each
subsequent day of noncompliance.
(b) A farm or training facility that is required
to be licensed and the individuals responsible for the farm
or training facility
shall each be liable for a $5,000 fine for the first violation
of N.J.A.C. 13:70-4.15(a),(c) or (h) if the farm or training
facility has allowed a person not in good standing with the
Commission to have access to or contact with any racehorse
located on the farm or training facility. Upon receipt of notice
that the continued operation of the farm or training facility
violates the Commission's rules, the individuals responsible
for the farm or training facility shall bring the farm or training
facility into compliance with the Commission’s rules
within 48 hours and all activities requiring licensure must
cease immediately and persons not in good standing with the
Commission must be prohibited from access to or contact with
racehorses. The farm or training facility and the individuals
responsible for the farm or training facility shall each be
liable for an additional penalty of a $5,000 fine for each
subsequent day of noncompliance. The person not in good standing
with the Commission shall be liable for a $5,000 fine for each
day present, suspension, permanent license ineligibility and
license revocation. For repeat offenders, the Commission may
rule the person not in good standing with the Commission off
all grounds subject to the Commission's jurisdiction for life.
(c) In addition to the penalties provided for
in this rule, any farm or training facility that is required
to be licensed
and the individuals responsible for the farm or training facility
and any licensees who are present who fail to cooperate with
the Commission in the entrance and inspection of the farm or
training facility that is required to be licensed as authorized
pursuant to N.J.A.C. 13:70-4.15(e) shall each be liable for
a $1,000 fine.
(d) A licensed farm or training facility and
the individuals responsible for the farm or training facility
shall each be
liable for a $2,500 fine for the first violation of N.J.A.C.
13:70-4.15(h) if the farm or training facility has allowed
a person not in good standing with the Commission to have access
to or contact with any racehorse located on the farm or training
facility. A licensed farm or training facility and the individuals
responsible for the farm or training facility who commit a
second violation of this rule shall each be liable for a $5,000
fine for each subsequent day of noncompliance. The person not
in good standing with the Commission shall be liable for a
$5,000 fine for each day present at a farm or training facility,
suspension, permanent license ineligibility and license revocation.
During any suspension, license ineligibility or license revocation,
the Commission shall rule the person not in good standing with
the Commission off all grounds subject to the Commission's
jurisdiction for the duration of the penalty. For repeat offenders,
the Commission may rule the person not in good standing with
the Commission off all grounds subject to the Commission's
jurisdiction for life.
(e) Any licensed farm or training facility,
any individual responsible for the farm or training facility
and any licensee
present who fail to cooperate with the Commission in the entrance
and inspection of the farm or training facility as authorized
pursuant to N.J.A.C. 13:70-4.15(d) shall each be liable for
a $1,000 fine.
(f) A trainer shall be liable for a $2,500 fine
for the first violation of N.J.A.C. 13:70-4.15(f) if the trainer
has allowed
a person not in good standing with the Commission to act in
any capacity of caretaker, groom or other attendant with respect
to the care, custody or training of a racehorse under his or
care, custody and control. A trainer who commits a second violation
of this rule shall be liable for a $5,000 fine. A trainer who
commits a third violation of this rule shall be liable for
a minimum fine of $5,000 and a minimum suspension of 1 year.
The person not in good standing with the Commission shall be
liable for a $5,000 fine for each day present at a farm or
training facility, suspension, permanent license ineligibility
and license revocation. The Commission shall rule the person
not in good standing with the Commission off all grounds subject
to the Commission's jurisdiction for the duration of the penalty.
For repeat offenders, the Commission may rule the trainer or
person not in good standing with the Commission off all grounds
subject to the Commission's jurisdiction for life.
(g) A racehorse owner shall be liable for a
$2,500 fine for the first violation of N.J.A.C. 13:70-4.15(f)
if he has allowed
a person not in good standing with the Commission to train
a racehorse he owns in full or part. A racehorse owner who
commits a second violation of this rule shall be liable for
a $5,000 fine. A racehorse owner who commits a third violation
of this rule shall be liable for a minimum fine of $5,000 and
a minimum suspension of 1 year. The person not in good standing
with the Commission shall be liable for a $5,000 fine for each
day present at a farm or training facility, suspension, permanent
license ineligibility and license revocation. The Commission
shall rule the person not in good standing with the Commission
off all grounds subject to the Commission's jurisdiction for
the duration of the penalty. For repeat offenders, the Commission
may rule the racehorse owner or person not in good standing
with the Commission off all grounds subject to the Commission's
jurisdiction for life.
(h) A trainer shall be liable for a $1,000 fine
for the first violation of N.J.A.C. 13:70-4.15(f) if the trainer
has allowed
a person not in good standing with the Commission to have access
to or contact with any racehorse under his or care, custody
and control. A trainer who commits a second violation of this
rule shall be liable for a $2,500 fine for each subsequent
day of noncompliance. A trainer who commits a third violation
of this rule shall be liable for a minimum fine of $5,000 and
a minimum suspension of 1 year. The person not in good standing
with the Commission shall be liable for a $5,000 fine for each
day present at a farm or training facility, suspension, permanent
license ineligibility and license revocation. The Commission
shall rule the person not in good standing with the Commission
off all grounds subject to the Commission's jurisdiction for
the duration of the penalty. For repeat offenders, the Commission
may rule the person not in good standing with the Commission
off all grounds subject to the Commission's jurisdiction for
life.
(i) Any trainer who enters a racehorse which
is not stabled in compliance with N.J.A.C. 13:70-4.15(a) to
race in New Jersey
and any person who acts in concert with that trainer in contravention
of the Commission’s rules shall be liable for a $5,000
fine and 30-day suspension for each horse entered. All racehorses
in the trainer's care, custody and control shall be subject
to an immediate declaration of ineligibility to participate
in racing until stabled at a properly licensed farm or training
facility within New Jersey. If any person acting in concert
with the trainer is not in good standing with the Commission,
he shall be liable for a $5,000 fine and 30-day period of license
ineligibility.
(j) Where a license suspension, period of license
ineligibility or license revocation is imposed pursuant to
this rule for
any violation of N.J.A.C. 13:70-4.15, the subjected person
shall be ruled off any premises subject to the jurisdiction
of the Racing Commission during the period of license suspension,
ineligibility or revocation. All violations of N.J.A.C. 13:70-4.15,
not specifically set forth in the above paragraphs in this
rule, shall be subject to the penalties set forth in N.J.A.C.
13:70-1.15, N.J.A.C. 13:70-4.9, N.J.A.C. 13:70-16.7, N.J.A.C.
13:70-23.6, and N.J.A.C. 70-31.3. All penalties imposed for
violation of N.J.A.C. 13:70-4.15, where multiple infractions
of such rule arise as a result of the conduct of the offender,
shall run consecutively and not concurrently unless otherwise
ordered by the Commission. Additionally, the penalties set
forth above, or any penalties imposed pursuant to Chapter
70 of Title 13 including, but not limited to, N.J.A.C. 13:70-1.15,
N.J.A.C. 13:70-4.9, N.J.A.C. 13:70-16.7, N.J.A.C. 13:70-23.6,
and N.J.A.C. 70-31.3, may be substantially increased for
repeat
or subsequent offenders. In the case of repeat offenders,
the Commission may impose permanent license ineligibility or
license
revocation and rule such offenders off all grounds subject
to the Commission's jurisdiction for life. In any and all
cases, the Commission may impose such conditions as it shall
deem
appropriate to insure the future compliance of any offender
with N.J.A.C. 13:70-4.15.
